Overview of Intellectual Property and Our Services

MBV provides a full range of Intellectual Property services for patents, trademarks and copyrights. Please contact us if you are interested in finding out more or if we can help you with your legal needs. You may find the forms below useful for submitting information to us.*

LEARN MORE BELOW ABOUT	FORMS FOR SENDING TO MBV	HELPFUL GOVERNMENT IP GUIDES
Intellectual Property Patents Trademarks Copyrights Tradesecrets	Client Information Form Patent Submission Form Trademark Submission Form Copyright Submission Form	USPTO Guide to Avoiding Patent Scams USPTO Guide to Patent USPTO Guide to Trademarks Gov. Guide to Copyright Basics WIPO Guide to PCT Applications

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Intellectual Property is the general name for products of the human intellect such as an idea, invention, expression, unique name, business method, technology transfer, industrial process or chemical formula. Intellectual Property Law is a highly specialized field. In the United States, only a specially registered Patent Attorney or Patent Agent can represent an Applicant to prosecute a patent application before the U.S. Patent and Trademark Office ("PTO"). Intellectual Property is broken down into Patents, Trademarks, Copyrights or Trade Secrets, each of which is explained below.

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NEXT TOPIC: PATENTS

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Patent Overview and Timeline

A patent is awarded to an Inventor to give him or her the right to bar others from making, using or selling his or her invention in the United States for up to 20 years (from the filing or priority date) in exchange for disclosing his invention and its working to the public through the patent application process.  In order to be awarded a patent, the invention or idea must be new and non-obvious, not patented by someone else, and must be useful or demonstrate some utility, in one of the general subject matter areas enumerated by the patent laws.  Patents are awarded on a variety of inventions and ideas ranging from drug formulas to mascara brushes, tire treads to telecommunication switches, golf clubs to new varieties of roses. However, if the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. (See 35 U.S.C. § 102(b)). The following is a general guide as to the time line that an application might follow.** However, your application will follow its own time line based on many factors within or outside the control of you, your patent attorney, third parties, and the Patent Office personnel.

TIMELINE**	DESCRIPTION
Week 1-2 PATENT SEARCH	A typical first step in filing a patent is to perform a search ("novelty search") to find out if the idea or invention already has been awarded a patent.  The PTO has a Search Room with a number of computer databases such as EAST and WEST on the public search computers for searching the more than 8 million patents. While these patents can be searched over teh Internet, the PTO computers have many features and speeds not available or practical through the Internet based (PatFT) database or through the several free, self-serve databases. MBV is located near the Patent Office and utilizes these public search room databases to perform preliminary searches to generate a patentability report that includes information and guidance about whether or not an application for a patent should be prepared. -------------------- Notes about Searches: While a novelty search is not required for filing, it may be useful in predicting whether your filing might ultimately be successful or in uncovering whether other parties are inventing or publishing in your particular area that might be obstacles to your application being allowed ("approved"). The search may also allow your patent attorney to draft more appropriate claims to your invention after learning what third party publications have allegedly added to the art. A novelty search is a very brief search looking to the subject of the novelty of your invention. Other more extensive types of searches are available at a greater costs, should you have a need for more certainty about other patents and publications that may exist. These more comprehensive searches include "state of the art," "right to use," "infringement," "invalidity," and "due diligence," just to name a few. No search of any scope can ever tell you with absolute certainty the existence of all relevant publications, art or patents that might exist. Please contact us if you have any questions about searches and their limitations.
Week 3-6 PATENT APPLICATION FILING       Week 8-10	If the patentability report is favorable, then a patent attorney at MBV can prepare an Application on the invention. There are several types of applications, including provisional and non-provisional ("utility") applications, design applications, and plant applications. Note: Only a registered patent attorney or patent agent can represent an applicant before the United States Patent and Trademark Office in a patent application. The application typically includes a written specification, drawings, and claims describing the invention. The application will also need to include the appropriate Filing Fee associated with the type of application filed. Once your application is filed, your application is now "patent pending." In many cases, MBV can provide you a fixed fee or set fee range for completing a patent search or filing a patent application. Please note that continued projects/responses to PTO office actions and communications (and associated legal and/or fees) will be required in most circumstances to continue the application towards issuance as described below. After your application is filed, the Patent Office will return a filing receipt acknowledging your filing and providing an application serial number and foreign filing license review.
Month 22-33*** PATENT EXAMINATION	After filing the application, your idea or invention will be in a "Patent Pending" state during which a Patent Examiner at the PTO will review your application to determine its patentability.   He or she will review your application against other patents and publications to determine if the application is novel and unobvious.  If this is the case, then the application will be allowed. If the Patent Examiner determines otherwise, then he or she may reject the application.  If an application is rejected, the Applicant is given an opportunity to respond to the rejection. MBV will work with you to develop various options for responding including in most cases either amending the claims of the application and/or making legal arguments as to why the application should be allowed as is or after amendment. The costs of these responses will vary according to the types of rejections and responses involved. MBV will develop a quote containing the estimated or fixed fees or fee ranges for responding to the Patent Office and discuss these with you as part of the discussion of the options and their implications so that you can make an informed judgment on the avenue best suited for your needs. It is important that you file a response promptly or you will have to pay sometimes costly Extension Fees or Abandonment. The Examiner will then give fair consideration to the arguments and amendments to the application and send the application to allowance or repeat the process above through another office action. It is not uncommon an Applicant to respond to a number of Office Actions before the application is allowed or abandoned.
Year 3 ALLOWANCE AND ISSUE	Upon allowance of an application by the PTO, an Issue Fee will have to be paid and appropriate documents filed before the patent application will issue as a patent. These are only a few of the events that may happen during the pendency of the application. An experienced patent attorney will be able to give you his insight and candid advice into the likelihood of success or failure of an application at the Patent Office, but there is no certain way to predict the course of any particular application through the Patent Office from filing to issue except to file the application and see what happens. However, a patent attorney can help you to respond to each communication from the Patent Office in a timely manner and can help comply with the many rules and laws necessary to see the application through to issuance or termination. An experience patent attorney can help you moderate your expectations and resolve through the ups and downs during the application's pendency.
Year 7 thru 15 MAINTENANCE FEES	You will also be responsible for Maintenance Fees approximately four, eight and twelve years after issue to maintain the enforceability of the patent throughout its life.
Month 1-12 FOREIGN PATENTS	Patent Cooperation Treaty ("PCT") applications and foreign national phase filings are also available as part of a foreign patent protection strategy. Due to the numerous options and fee variations through PCT filings and foreign national filings, estimates are made on a case by case basis and may be higher than for related U.S. applications. The use of a local attorney in the respective country for each direct foreign filing as well as translations into the local official language and other documentation such as legalizations, apostilles, notarizations and certifications must also be factored into the costs. Please contact us for estimates and information on such matters. NOTE: There are also important considerations important to the timing of a foreign application, such as absolute novelty, which may require filing even before filing of a U.S. patent application that must be considered or the applicant may be barred from filing a foreign application in many of the foreign countries. Each country has its own set of rules and treaties with the U.S. (or lack thereof) that must be considered well in advance of filing in a particular country. However, in general, a foreign application may typically be filed within one year of filing the related U.S. application or within 30 months if a PCT application has been filed. Please contact us if you have any questions on foreign filings for any particular countries
FOREIGN LICENSES	NOTE: The U.S. government requires in most circumstances that you receive a Foreign Filing License before exporting or filing technology outside of the U.S. Fortunately, these licenses are often granted concurrent with the U.S. application filing receipt or by requesting one directly for applications not already filed in the U.S.
** There is no such thing as a "typical" timeline for a patent application to be advanced through the Patent Office. This time line is merely based broadly on several past experiences and loose averages, and is provided merely for planning and informational purposes. Your application will likely not follow this exact path. ***You may be able to expedite the prosecution of the application by paying additional fees and submitting the necessary documentation, however these may significantly increase the cost of filing. Inventors over the age of 65 may automatically qualify to enroll in expedited prosecution for no additional government fees.

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NEXT TOPIC: TRADEMARKS

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Trademark Overview

A trademark is a word, name, symbol, slogan, sounds or color used to distinguish your goods and services from everyone else.  A trademark can be registered and renewed for as long as it is being used.   Trademarks range from professional sporting team logos to the phrase 'Blue Light Special' used by K-Mart to the General Electric slogan "we bring good things to light."

Filing a trademark is a more streamlined process than for a patent application, but like other legal documents must be completed with due care.  A trademark application can be filed prior to use of the mark in commerce (e.g., prior to interstate sales) or after use of the mark begins.  MBV will assist in the preparation of the application and filing of the application with the Trademark Office.  After the application has been filed, a Trademark Examiner conducts a search to determine if the given mark is confusingly similar to an existing trademark and if all of the sections of the application, such as the description of the goods and services, are complete and accurate. Marks filed prior to "use in commerce" are given a period of time to perfect the application by filing a "statement of use" when the use in commerce begins. If the mark is not in use, extensions of time must be sought until the mark is used. A trademark will not be registered until such use in commerce commences.  If the trademark is approved for registration, the trademark gets published in the Official Gazette of the Patent Office, a national publication.  The general public may express concern if they feel the mark is too close to their existing trademark. If no one writes opposes the trademark, then the Trademark Examiner sends the mark to be registered.

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NEXT TOPIC: COPYRIGHTS

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Copyright Overview

A copyright is the legal protection automatically granted to the creations of authors, musicians, writers, artists and other intellectual works.   A copyright is awarded for the life of the creator plus 70 years for works created after 1978.  Motion pictures, photographs, songs, poems, videos, books, catalogs, software and sales literature are examples of works that can be copyrighted. 

In order to obtain a copyright registration, which grants the author certain additional legal rights and presumptions, MBV needs to prepare a copyright application and file the application with the Copyright Office.  If the provisions of copyright law have been complied with, then a certificate of registration is issued to the copyright owner.

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NEXT TOPIC: TRADESECRETS

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Trade Secret Overview

A trade secret is legal protection given to a company to protect their invention, process or business information.   In order to be protected by the court the information must be secret, substantial and valuable.   Proprietary client and customer information such as prices for services and contract terms can be protected.  You can also protect methods or processes such as how to apply paint to a car.  The most famous trade secret is probably the recipe for Coca-Cola™.

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